Explanation of Robbery | Indian Penal Code | Indian Judiciary – Free PDF Download

WHAT IS ROBBERY?

THIS IS THEFT!!

• No consent taken of the owner of property. If without consent property is taken that is called as theft
• One Man Enters Your House And You Were Awake.
• He Says I Am Taking Your Jewellery And If You Stop Me I Will Hurt You
• He comes and takes the jewellery.
• Now this is an offence of robbery because here your consent was there but it was taken under threat/fear

A man tells you that give me money or I will publish something bad about you

• Now this is extortion because you gave the money on your own with consent. Consent by fear is there and victim himself/herself delivers the property
• Give me money or I will kill you
• Now this is robbery because here there was instant danger and when there is instant danger to life it’s robbery

Section 390 – Robbery

• In all robbery, there is either theft or extortion So Robbery will be either theft or extortion or both.

When is it both?

• A man comes to your house and on gunpoint says give me all the jewellery and money that you have.
• And you gave the valuables so this is extortion because you yourself are delivering it. But this is robbery by extortion because there was instant fear also.
• Now let’s say some cash and jewellery you didn’t’ give him but he took on his own so this is robbery by theft because here he took it on his own.

• When theft is robbery—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
• When extortion is robbery—Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

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